J. C. Penney Co. v. Miller

Banke, Presiding Judge.

This is a suit by the appellee, Patrick Tony Miller, acting by and through his next friend and mother, Mary Alice Miller, to recover damages for malicious prosecution, false imprisonment, and assault arising from his arrest for shoplifting at a store owned and operated by the appellant, J. C. Penney Company, Inc. We granted an interlocutory appeal from the denial of J. C. Penney’s motion for summary judgment.

The appellee contends that he was unlawfully accosted and detained by a security guard while walking from the men’s clothing department of the store to the women’s…